Chinese Calendar May Say Year of the Dinghai (Fire Pig), CAAF Calendar Says Year of the Liberal Grant
As previously noted on CAAFlog, CAAF has granted yet another members issue and yet another liberl grant case. The most recently granted question presented reads:
No. 07-0084/MC. U.S. v. Deric B. HOLLINGS. CCA 200500497. Review granted on the following issue:
WHETHER THE MILITARY JUDGE FAILED TO ADHERE TO THE LIBERAL GRANT MANDATE WHEN HE DENIED A DEFENSE CHALLENGE FOR CAUSE AGAINST CHIEF WARRANT OFFICER W WHO SERVED AS ACTING LEGAL OFFICER TO THE CONVENING AUTHORITY IN APPELLANT’S CASE.
The case resulted in a per curiam opinion below at NMCCA. NMCCA’s only pertinent factual revelation about the issue was:
The issue came to light during general voir dire when CWO W indicated that he “knew something of the situation.” Record at 62. During individual voir dire, CWO W stated that he was the unit personnel officer, and as the personnel officer, he was a recipient of the unit legal report which contained general information about the appellant’s case. Id. He also indicated that he had received legal training as a Marine Corps legal officer in 1990 or 1991, some 12 years prior to appellant’s court-martial, but was at all times serving only as the unit personnel officer. Id. at 64. CWO W testified that he would, as the unit personnel officer, occasionally certify unit diary entries recording the outcome of legal activities such as the results of courts-martial and nonjudicial punishments, which he testified was a unit diary function that could be accomplished either by the personnel officer or the legal officer. CWO W denied ever acting as the unit legal officer and there is no evidence in the record to contradict his testimony.
The opinion, as well as all NMCCA opinions for January 2007, are available on the NMCCA’s Navy Knowledge On-line site. Unfortunately, the site is password restricted and I cannot tell non-sea service readers how to get a password. I have a feeling that the answer to CAAFlog’s question on how the Navy can post-deicisons more quickly is answered by saying that NMCCA prefers to post on NKO, though the posting rate on NKO itself doesn’t appear to be weekly.